Nature of the Case
To access this section all you need to do is click here and register.
Facts
The Delfinos (P) and Vealencis' (D) owned land as tenants in common. The property was 20.5 acres, and P owned 99/144 of the property with D owning 45/144. D occupied the dwelling and a portion of land from which she operates a rubbish and garbage removal business. P wanted a partition by sale because they wanted to develop and subdivide the property into 45 residential building lots. P also wanted the proceeds of the sale divided according to their respective interests. P claimed these lots would be hindered if D was allowed to run the garbage business on part of the property. D moved for a judgment in kind. The trial court concluded that a partition in kind could not be had without material injury to the respective rights of the parties. The trial court ordered a partition by sale and that the proceeds be paid into the court for distribution to the parties. D appealed, claiming that the court erred in ruling that a partition in kind was impossible.
Support@ bsmsphd.com
Casebriefs Co